ELECTION LAW

ALERT #1

HB 0007 by *Maggart, Sexton. (*SB 0016 by *Ketron, Gresham, Tracy, Beavers.) Election Laws - As introduced, requires a voter to present qualified photographic identification before voting; voters without proper identification shall be allowed to cast provisional ballots. - Amends TCA Title 2, Chapter 7, Part 1.

Fiscal Summary NOT SIGNIFICANT

Bill Summary This bill revises present law regarding voting procedure to require voters to present photo identification to the precinct registrar.

Present law requires a voter to supply evidence of identification in order to compare the person's signature on the voter's ballot application. The identification must be a valid voter's registration certificate, Tennessee driver license, social security card, credit card bearing the applicant's signature or other document bearing the applicant's signature.

This bill specifies that the identification must bear the name, address, and photograph of the voter. Under this bill, a voter's social security card, credit card bearing the applicant's signature, or other document bearing the applicant's signature would no longer be adequate identification. This bill specifies that the following forms of identification will be adequate evidence of identification:
(1) A Tennessee driver license;
(2) A valid photo identification card issued by the state of Tennessee, any other state, or the United States;
(3) A valid photo identification license issued by the Tennessee department of safety;
(4) A valid United States passport;
(5) A valid employee photo identification card issued by the state of Tennessee, any other state, or the United States; or
(6) A valid United States military photo identification card.

Under this bill, except as described below, if a voter is unable to present the proper evidence of identification, then the voter will be entitled to vote by provisional ballot in the manner detailed in the bill. The provisional ballot will only be counted if the voter provides the proper evidence of identification to the administrator of elections or the administrator's designee by the close of business on the second business day after the election. The board would have until the close of business on the fourth business day after the election to count any provisional ballot cast under this bill.

Under this bill, a voter who is indigent and unable to obtain proof of identification without payment of a fee or who has a religious objection to being photographed must execute an affidavit of identity on a form provided by the county election commission in order to vote. The affidavit must state that the person executing the affidavit is the same individual who is casting the ballot and that the affiant is indigent and unable to obtain proof of identification without paying a fee or has a religious objection to being photographed.

The requirements of this bill would not apply to:
(1) A voter voting by emergency absentee ballot. Under present law, a person who has been hospitalized in their county of residence within 20 days of an election and who will be unable to vote in person on election day may vote by such emergency absentee ballot; or
(2) A full-time resident of a licensed nursing home, home for the aged or similar institution who is voting by absentee ballot attested by two absentee voting deputies at the institution pursuant to present law

http://wapp.capitol.tn.gov/apps/BillInfo/default.aspx?BillNumber=HB0007&GA=107

Actions taken/bill history:
Assigned to s/c General Sub of S&LG 01/21/2011 Ref. to State & Local Government Committee 01/13/2011 P2C held on desk pending the appointment of standing committees. 01/12/2011 Intro., P1C. 01/11/2011 Filed for intro. 12/30/2010 Actions Taken on SB0016 Action Date S. Reset on Cal. for 2/14/2011 02/10/2011 Placed on Senate Regular Calendar 1 cal. for 2/10/2011 02/08/2011 Rec. For Pass. ref. to: S. Cal. Comm. 02/08/2011 Placed on S. S&L Govt. Comm. cal. for 02/08/2011 02/02/2011 Ref. to S. S&L Gov. Comm. 01/15/2011 P2C, Held on desk pending committee appointments 01/12/2011 Intro., P1C. 01/11/2011 Filed for intro. 12/22/2010

ALERT #2

*SB 0366 by *Beavers. Election Laws - As introduced, adds additional requirements for a presidential candidate's name to be placed on the ballot in this state. - Amends TCA Title 2, Chapter 5, Part 2.

Fiscal Summary Not Available

Bill Summary Not Available

http://wapp.capitol.tn.gov/apps/BillInfo/Default.aspx?BillNumber=SB0366&ga=107

Actions taken/bill history:
P2C, ref. to S. S&L Govt. Comm. 02/10/2011 Intro., P1C. 02/09/2011 Filed for intro. 02/07/2011